The International Criminal Court's chief prosecutor Karim Khan has been suspended from his duties after the court's governing body moved to initiate disciplinary proceedings over allegations of sexual misconduct, setting the stage for a vote by the court's 125 member states on whether he should remain in office.
In a statement issued on Monday, the Bureau of the Assembly of States Parties said it would refer Khan to disciplinary proceedings before all ICC member states, which will decide his fate during a special session.
Khan's lawyers strongly opposed the decision, maintaining that the allegations against him are unfounded and that the process followed by the court was flawed.
“The decision is unlawful, procedurally unfair and unsupported by evidence,” the statement said.
The 56-year-old prosecutor became one of the most prominent figures at the ICC after seeking arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity committed in Gaza.
He also applied for warrants against Hamas leaders, including Yahya Sinwar, in connection with the October 7, 2023 attack on southern Israel.
The move drew sharp criticism from Israel and its ally, the United States, which later imposed sanctions on Khan after the arrest warrants were sought.
Khan has consistently dismissed the misconduct allegations, describing the investigation as a politically motivated smear campaign.
According to Reuters and the Associated Press, a United Nations investigation found a “factual basis” for allegations of sexual misconduct made by a female aide. However, a three-judge panel appointed by the executive committee to review the findings concluded that the investigation did not provide conclusive evidence.
Khan's legal team previously told Reuters that the judges unanimously determined that the “factual findings do not establish misconduct or breach of duty”.
The prosecutor has not actively led the ICC's Office of the Prosecutor since last May after taking a voluntary leave of absence while the inquiry was underway.
His suspension marks the first time an ICC prosecutor has been formally suspended by the court's oversight body.
Any decision to remove Khan permanently from office rests with the Assembly of States Parties. Such a move would require the backing of a majority of member states through a secret ballot.
At least 63 of the court's 125 member states would need to vote in favour of his removal.
The Assembly had not announced a date for the special session by Monday.
Despite the suspension, the decision is not expected to have a major effect on the day-to-day operations of the court because Khan has already been away from his duties for months. He has also been removed from participating in proceedings involving one of the ICC's highest-profile cases, that of former Philippine President Rodrigo Duterte.